AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 115 Powers of the Director in relation to proceedings on behalf of consumers

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 115

    (1)     The Director may, subject to this section, institute or continue proceedings on behalf of, or defend proceedings brought against, a person or persons in respect of a consumer dispute.

    (2)     The Director must not, under subsection (1), institute or continue or defend proceedings unless the Director is satisfied—

        (a)     that the person or persons have a good cause of action or a good defence to an action relating to the consumer dispute; and

        (b)     that the person or persons are not bringing proceedings against a natural person who is acquiring goods or services of a kind ordinarily used for personal, household or domestic purposes; and

        (c)     that it is in the public interest to institute, continue or defend proceedings on behalf of the person or persons.

    (3)     The Director must not, under subsection (1), institute, continue or defend proceedings on behalf of a person or persons unless—

        (a)     the person has or the persons have given consent in writing; or

        (b)     in the case of group proceedings or representative proceedings, the representative party has given consent; or

        (c)     the proceedings are instituted, continued or defended under a provision of an Act that expressly provides that the consent of the person on whose behalf the proceedings are instituted, continued or defended is not required for the purposes of this section.

Note

See, for example, sections 209 and 399A of the Residential Tenancies Act 1997 .

    (4)     After consent has been given under subsection (3)(a) or (b), the Director may institute or continue a proceeding or defence on behalf of a person or persons even if the person or any of the persons revokes the consent.

    (5)     In this section—

consumer dispute means a dispute between a purchaser or purchasers or a possible purchaser or purchasers and a supplier about a supply or supplies or possible supply or supplies of goods or services in trade or commerce, other than a dispute under or in relation to the National Consumer Credit Protection Act 2009 of the Commonwealth;

proceeding includes group proceeding and representative proceeding.

Note

This section is not intended to displace or limit the procedures for applications under section 149 or 277 of the Australian Consumer Law (Victoria).